Tenn. Comp. R. & Regs. 0770-02-01-.02 - ADDITIONAL CAUSES AND CONDITIONS APPLICABLE TO DETERMINATION OF DEBARMENT
In addition to the grounds set out in 0770-2-1 above and subject to the following conditions, THDA may also debar a person in the public interest for any of the following causes:
(1) Violation of contract provisions, asset
forth below, of a character which is regarded by the Agency to be so serious as
to justify debarment action:
(a) Willful
failure to perform in accordance with the specifications or within the time
limit provided in the contract.
(b)
A record of failure to perform, or of unsatisfactory performance, in accordance
with the terms of one or more contracts: Provided, that such failure or
unsatisfactory performance has occurred within a reasonable period of time
preceding the determination to debar. Failure to perform or unsatisfactory
performance which the contractor can show was caused by events beyond its
control which were not reasonably foreseeable shall not be considered to be a
basis for debarment provided that no fault or negligence of the firm or
individual was involved.
(c)
Violation of any contractual provision against contingent fees.
(d) Payment or acceptance of a contingent
fee, which is paid in violation of any contractual or statutory provision
against contingent fees.
(e)
Violation of the contractual provision requiring affirmative action to provide
equal opportunity in the participant's own employment practices.
(2) Violation of any law,
regulation, or procedure relating to the application for financial assistance,
insurance, or guarantee or to the performance of obligations incurred pursuant
to a grant of financial assistance, or conditional or final commitment to
insure or guarantee.
(3) Making or
procuring to be made any false statement for the purpose of influencing in
anyway the action of THDA.
(4) Any
other cause of such serious compelling nature, affecting responsibility, as
maybe determined by the Board, to warrant debarment.
Notes
Authority: T.C.A. ยง 13-28-115. Administrative History: Original rule filed September 29, 1981; effective December 29, 1981.
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